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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ2941365 (BGN 0131581)
Regular
May 22, 2019

JOCELYN JOHNSON vs. COCA COLA BOTTLING COMPANY, KEMPER NATIONAL INSURANCE

The Workers' Compensation Appeals Board denied Jocelyn Johnson's petition for reconsideration of a prior decision that found no fraud in the procurement of earlier findings and awards. Johnson alleged an incorrect injury date, insufficient medical evaluation, and denial of due process. The Board found that Johnson failed to demonstrate extrinsic fraud, as the issues raised could and should have been litigated in prior proceedings or appeals. Therefore, good cause did not exist to reopen the 1996 and 2002 findings and awards.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFraudDate of InjuryAgreed Medical EvaluatorDue ProcessLabor Code Section 5803Continuing JurisdictionExtrinsic Fraud
References
Case No. ADJ8558358
Regular
Sep 22, 2025

JOSE MEJIA vs. JB CRITCHLEY, INC., AMERICAN CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration to clarify that the defendant's prior appeals regarding the applicant's stipulated average weekly wage and permanent disability rate were exhausted and that the award was final as of October 2, 2024. The Board affirmed the imposition of penalties under Labor Code section 5814 and attorney fees under section 5814.5 due to the defendant's unreasonable delay in paying the final award. The defendant's arguments regarding seasonal employment and extrinsic mistake were rejected as the stipulated wages and findings were final and not adequately supported for setting aside. The original Findings and Award were rescinded and substituted to reflect the finality of the prior decision and the confirmed penalties and fees.

Labor Code section 5904Petition for ReconsiderationFindings and Awardsemi-truck drivercervical spinethoracic spinelumbar spinehearing losspsychehypertension
References
Case No. ADJ3976429 (AHM0117091) & ADJ2299501 (AHM0140858)
Regular
Feb 04, 2010

MARY JO WILLIAMS vs. ARTHUR J. GALLAGHER & CO.; HARTFORD SPECIALTY RISK SERVICES, administered by GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to set aside a previous award based on allegations of fraud and physical improvement, but failed to provide sufficient evidence. The Board found the defendant's evidence of fraud unpersuasive and that a recent deposition did not establish such claims. Consequently, the petition for reconsideration was denied.

Petition for ReconsiderationStipulated Findings and AwardDue DiligenceFraudContinuous TraumaAOE/COEPermanent DisabilityStellate Ganglion BlocksRestless Leg SyndromeIntentional Fraud
References
Case No. ADJ9188852
Regular
Oct 24, 2014

MAURICIO FLORES vs. AMPAM PARKS MECHANICAL, AMERICAN INTERNATIONAL GROUP, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a dismissal order of the applicant's claim. This decision followed the applicant's assertion that their request for voluntary dismissal was procured by fraud. The WCAB adopted the trial judge's recommendation to return the case for further proceedings concerning the fraud allegations. Despite procedural defects in the petition, the WCAB exercised its discretion to grant reconsideration on the merits.

Petition for ReconsiderationOrder For Dismissal of Claim Without Prejudicefraudvoluntary dismissalWCJWCAB Rulesverification requirementsAppeals Board Rule 10856rescindedreturned for further proceedings
References
Case No. ADJ9223616
Regular
Oct 06, 2020

MANDANA SHOEMAKER vs. VALENCIA MEXICAN RESTAURANT INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns an applicant's petition for reconsideration of a denial of her request to set aside a Compromise and Release (C&R) agreement. The applicant claimed she was incompetent, coerced, and defrauded when she agreed to the settlement, and that she had new and further disability. The Workers' Compensation Appeals Board (WCAB) denied the petition, adopting the judge's report that found no sufficient evidence to support setting aside the C&R. The WCAB also noted potential issues with the applicant's representation by a disbarred attorney.

Compromise and ReleaseOrder Approving CompromisePetition for ReconsiderationGood CauseFraudDuressUndue InfluenceIncompetencyNew and Further DisabilityDisbarred Attorney
References
Case No. ADJ2342373 (LAO 0512482) ADJ3525697 (LAO 0534774)
Regular
Jun 01, 2015

ALICE BRYANT vs. UCLA MEDICAL CENTER

The applicant seeks reconsideration of an administrative law judge's order continuing a hearing. The Appeals Board dismissed the petition because the order of continuance was not a final order, and thus not subject to reconsideration under Labor Code section 5900(a). Any request to reconsider the 1998 order of dismissal would be untimely as it was filed nearly 17 years late, and such dismissals can generally only be set aside for extrinsic fraud or mistake. The applicant was cautioned about potential sanctions for frivolous filings.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of ContinuanceDismissal for Lack of ProsecutionFinal OrderTimelinessLabor Code Section 5900Labor Code Section 5903Supplemental PetitionExtrinsic Fraud
References
Case No. ADJ2523054 (POM 2523054) ADJ8607480 ADJ9435881
Regular
Feb 18, 2020

JOSE SALAZAR vs. JAMES JONES COMPANY, INC.; MUELLER GROUP C/O SEDGWICK

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior administrative law judge's decision. The Board held that the applicant failed to demonstrate extrinsic fraud or mistake to set aside a 2004 stipulated award, as the petition was filed over fifteen years after the award, well beyond the five-year statutory limit. The applicant's claim of not understanding the settlement documents, even if accepted, did not show he was prevented from presenting his case or that he diligently pursued relief. Therefore, the applicant's petition to set aside the stipulated award was denied.

Workers' Compensation Appeals Boardpetition for reconsiderationextrinsic fraudstipulated awardset asideLabor Code section 5803Labor Code section 5804five-year periodgood causeequitable relief
References
Case No. ADJ3525697 (LAO 0534774) ADJ2342373 (LAO 0512482) ADJ1310306 (LAO 0568035) ADJ2645702 (LAO 0519888) ADJ1384751 (LAO 0568036) ADJ2871875 (ANA 0235799)
Regular
Feb 03, 2017

ALICE BRYANT vs. REGENTS OF THE UNIVERITY OF CALIFORNIA, permissibly self-insured, UCLA MEDICAL CENTER; SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves applicant Alice Bryant's petition for reconsideration of prior dismissed workers' compensation claims and a Labor Code section 132a retaliation claim. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, upholding the administrative law judge's findings. The WCAB concluded that Bryant's claims were previously dismissed, with some dismissed by her own request and others for failure to prosecute. Furthermore, the WCAB found that Bryant failed to demonstrate extrinsic fraud and lacked the required diligence to reopen these final dismissals, even with newly discovered evidence.

Workers' Compensation Appeals BoardRegents of the University of CaliforniaSedgwick Claims Management ServicesPetition for ReconsiderationFindings and OrdersWorkers' Compensation Administrative Law JudgeLabor Code section 132aRetaliation claimExtrinsic fraudDismissed claims
References
Case No. MON 0254439
Regular
Aug 12, 2008

LEON ZAMBROWS (Deceased) SANDRA ZAMBROWS (Widow) vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded a lower judge's order to set aside a Compromise and Release (C&R) agreement. This decision was based on the applicant's petition to set aside the C&R being filed more than five years after the date of injury, thus precluding the "good cause" standard for rescission. The WCAB remanded the case for further proceedings, noting that the applicant must prove extrinsic fraud to set aside the C&R at this stage, and also acknowledging a potential estoppel issue regarding Liberty Mutual's coverage dates.

Workers' Compensation Appeals BoardSandra ZambrowsSandra Zambrows (Widow)Los Angeles County Office of EducationLiberty Mutual Insurance CompanyPetition for ReconsiderationOrder Setting Aside Compromise & ReleasePetition to Set Aside Compromise & ReleaseMutual Mistake of FactGood Cause
References
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